Supreme Court of India · 1955-11-11
SHRIMATI VIDYA VERMA, THROUGH NEXT FRIEND R.V.S. MANI vs DR. SHIV NARAIN VERMA.
- Citation / case number
- SC 1955/140
- Court
- Supreme Court of India
- Petitioner
- SHRIMATI VIDYA VERMA, THROUGH NEXT FRIEND R.V.S. MANI
- Respondent
- DR. SHIV NARAIN VERMA.
- Bench
- DAS, SUDHI RANJAN,BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,SINHA, BHUVNESHWAR P.
Judgment text excerpt
The Supreme Court ruled that Article 21 of the Constitution does not protect against detention by a private individual, as it only applies to actions by the State or its authorities. Consequently, a petition for a writ of habeas corpus under Article 32 against a private person, such as a father detaining his daughter, is not maintainable. The Court relied on precedents including A. K. Gopalan v. The State of Madras and P. D. Shamdasani v. Central Bank of India to support its decision.